Currently, Indiana does not have a law specifically banning the operating of a boat while under the influence of illegal drugs. On Juy 1, 2012, this changes. Senate Enrolled Act 154, when effective, creates a new law of Boating under the influence of drugs. Operating a Boat under the influence of illegal drugs (Schedule I or Schedule II drugs) will be a class C Misdemeanor. A class C Misdemeanor is punishable by up to sixty (60) days in jail. A conviction can include incarceration, probation, and fines/court costs. The new law brings boating laws in line with current Drunk Driving (DUI/OWI) laws.
Most importantly, the Court can order your DRIVERS LICENSE suspended if you are charged (or convicted) of boating while intoxicated. There is also mandatory jail sentences for persons who have prior convictions for Drunk Driving (DUI/OWI) or boating while intoxicated. It appears that the legislature in Indiana is now treating a boat like any other vehicle (i.e., motor home, motorcycle). Hardship/Probationary Licenses should be made available to anyone whose driver's license is suspended as a result of boating while intoxicated.
Be careful on Indiana's lakes and waterways.
Please contact me, Gregory A. Miller, a Fort Wayne Criminal Defense Lawyer, if you have questions about boating while intoxicated, Drunk Driving, License Suspensions, Hardship Licenses or other criminal law matters, at (260) 833-7249.